Can I be charged for a load that I did not agree to pick up?

Discussion in 'Ask An Owner Operator' started by tamaadams72, Jun 13, 2023.

  1. snowwy

    snowwy Road Train Member

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    Aren't landstar and mercer. To name a few.

    1099's?
     
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  3. Ridgeline

    Ridgeline Road Train Member

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    Wait!!

    If he does not have a contract which is a 1099 driver, he is then an employee - PERIOD!
     
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  4. Jumpman

    Jumpman Light Load Member

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    How large of a trucking company is this and how long in business?. I would think long and hard and review every single piece of paper you signed with this company. Unless this is some fairly new company that does not understand legal issues my guess is they feel that they can legally enforce what they are telling you to do. If you are 100% certain that you did not sign anything requiring you to take the load then get an attorney and sue the crap out of them. If in fact you did sign something then suck it up and deal with it.
     
  5. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    So is Swift, JB Schneider and every other company that leases on owner operators. And they all have a contract that spells out all charges.
     
  6. snowwy

    snowwy Road Train Member

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    So 1099's aren't illegal. As per most of this thread.
     
  7. Ridgeline

    Ridgeline Road Train Member

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    No, they are not illegal if the rules are followed, one is a contract and two is you can't force a contractor to do work they don't want to do.
     
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  8. Constant Learner

    Constant Learner Heavy Load Member

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    They are illegal if you drive a company's truck
    without a lease agreement.
     
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  9. Stringb8n

    Stringb8n Road Train Member

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    Fill out IRS form SS-8, let them decide whether you're contractor or employee. If employee, file wage claim. Or file wage claim also at time of filling out form SS-8.
     
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  10. PaulMinternational

    PaulMinternational Road Train Member

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    Yes its a mess, granted they are counting on one of two things.
    You just let them take your money. OR you realize that it's a big mess and you walk away finding it so hard to collect your money you call it a loss
    Notice in both they keep your money!
     
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  11. Stringb8n

    Stringb8n Road Train Member

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    Sorry, I didn't see this post before I said the same thing you apparently already knew. It does suck, but on the bright side it isn't going to cost you any money except maybe postage to mail something to the IRS or Dept of Labor. Never know, they may end up determining the company owes you more than you're even aware of. That was the case for me once. Almost double what I was figuring, still to this day don't know how they arrived at the number they did with the wage claim.
     
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